The state’s highest criminal appeals court denied a request by prosecutors to rehear arguments over the admissibility of a controversial warrantless blood draw thrown out in the trial of an El Paso boxer charged in the death of three people.

The Texas Court of Criminal Appeals denied the El Paso County District Attorney’s Office’s motion for a rehearing stating that the court’s previous ruling barring the blood sample will stand.

The motion for a rehearing, which was filed Dec. 27, claimed 210th District Court Judge Gonzalo Garcia “seemed incapable of truly understanding how a credibility determination is made with respect to facts.”

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Joel Garcia Jr., left, talks with a member of his defense team during a previous bond hearing in the 210th District Court.(Photo: RUDY GUTIERREZ/EL PASO TIMES FILE)

It continued, “The factfindings are more mixed up than a stray dog’s breakfast….When the line between fact and law is not properly regarded, the findings as a whole cannot be trusted and it is clear the judge was not in an appreciably better position to make findings.”

The motion also states that the Texas Court of Criminal Appeals should not have made their ruling based off what Judge Garcia ruled.

“It is one thing for a trial judge to choose to believe only some of a witness’ testimony, but it is another for an appellate court to apply the same rationale to the trial judge’s findings,” the motion states. “Appellate courts should not resolve conflicts among a trial judge’s findings.”

A gag order issued in the case by Judge Garcia prevents prosecutors and defense lawyers from discussing the case. A trial date has not been set.

The Texas Court of Criminal Appeals – the highest criminal appeals court in the state – denied the motion Wednesday without giving a reason why in court documents.

The justices then stated that their previous ruling barring the blood samples remains in place.

The blood draw issue has resulted in multiple appeals and has delayed the trial several times.

Deadly Christmas Eve collision

Joel Garcia allegedly ran a red light in a Chevrolet Camaro at about 1:45 a.m. Dec. 24, 2014 at Joe Battle Boulevard and Vista del Sol Drive and then struck a Pontiac Grand Am carrying the Deal brothers and Del Rio. The three died from injuries sustained in the wreck.

Garcia, who is out of jail on bond as he awaits trial, allegedly had a blood-alcohol level of 0.268 on the night of the wreck. The legal limit in Texas is .08.

Judge Gonzalo Garcia is shown presiding over a 2018 trial in the 210th District Court.(Photo: Ruben R. Ramirez/El Paso Times)

He ordered that the blood sample results could not be used in Joel Garcia’s trial.

Prosecutors then appealed Judge Garcia’s decision to the Texas Eighth District Court of Appeals.

The Texas Eighth District Court of Appeals justices sided in the favor of prosecutors.

In their February 2017 ruling, the justices stated that exigent circumstances, including the medical treatment Garcia could have received at the hospital, forced officers to order the blood sample before getting a warrant.

The justices reversed Judge Garcia’s ruling and ordered that the blood sample be allowed as evidence in Joel Garcia’s trial.

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The Texas Eighth District Court of Appeals hears the appeal in the Joel Garcia intoxicated manslaughter case from attorneys in May 2016 at the El Paso County Courthouse. Garcia was not present at the hearing.(Photo: MARK LAMBIE/EL PASO TIMES)

Defense lawyers then appealed the Texas Eighth District Court of Appeals’ ruling to the Texas Court of Criminal Appeals – the highest criminal appeals court in the state.

Almost four years since the fatal collision, the Texas Court of Criminal Appeals ruled that officers had violated Joel Garcia’s constitutional rights.